Detailed answer — how succession among children works in Iowa

When a person dies intestate (without a valid will) in Iowa, the Iowa Code governs who inherits the estate and in what proportions. The core rule is simple: children are primary heirs, and their shares are determined by the presence of a surviving spouse and whether any children predeceased the decedent. Iowa’s intestacy rules are found in the Code of Iowa, Chapter 633. See: Iowa Code Chapter 633 (Intestate Succession and Estate Administration).

Key principles

• Equal shares among living children: If the decedent is survived only by children (no spouse), the estate is divided equally among all surviving children.
• Right of representation (per stirpes distribution): If a child of the decedent died before the decedent but left children (i.e., grandchildren of the decedent), those grandchildren inherit their deceased parent’s share by right of representation. Practically, the deceased child’s share is divided equally among that child’s surviving descendants.
• When a surviving spouse exists: The surviving spouse’s share will affect what the children receive. Iowa’s intestacy rules set out the spouse’s priority and share when descendants are also heirs (see Chapter 633). The exact split depends on whether the decedent’s descendants are also descendants of the surviving spouse.

Concrete examples

Example 1 — No spouse, three surviving children (A, B, C):

The estate is divided into three equal shares. A = 1/3, B = 1/3, C = 1/3.

Example 2 — No spouse, three children but one predeceased leaving two children (B predeceased and left B1 and B2):

The estate is divided into three equal shares at the first level (one share for each of the decedent’s three children). The predeceased child’s (B’s) share is taken by B’s descendants. So A = 1/3, C = 1/3, and B1 and B2 split B’s 1/3 equally (each gets 1/6). This is called distribution by right of representation (per stirpes).

Other important points about who counts as a child

• Legally adopted children generally inherit as biological children under Iowa law.
• Biological children born out of wedlock typically inherit from their mother automatically; inheritance from a father may require paternity to be established (by acknowledgement, paternity order, or other means recognized by law).
• Stepchildren do not inherit under intestacy rules unless they were legally adopted.

What happens administratively

An interested person (often a close family member) petitions the probate court to open an estate, request appointment of an administrator, and ask the court to follow the intestacy distribution rules. The administrator gathers assets, pays debts and taxes, and distributes the remainder according to Iowa law (Chapter 633). If heirs disagree, they may contest the probate or seek the court’s guidance.

Practical steps if you’re an heir or administrator

1. Confirm there is no valid will. Look for any signed wills, electronic records, or notes and check with the decedent’s attorney and bank safe-deposit box.
2. Identify all potential heirs (children, grandchildren, spouse, other relatives) and gather birth/adoption/paternity records that prove relationships.
3. Collect a full list of assets and debts; preserve important documents like deeds, bank statements, insurance policies, and retirement account beneficiary designations (beneficiary designations can trump intestacy for those accounts).
4. File a probate petition with the appropriate Iowa district court to open administration and request appointment of an administrator when required.
5. Consider consulting a probate attorney to ensure correct notice to creditors and proper distributions under Iowa Code Chapter 633.

When disputes commonly arise

• Disagreements about whether a child is legally an heir (adoption, paternity issues).
• Challenges over whether a person died intestate (claims of a lost or informal will).
• Conflicts over valuation, claims by creditors, and how jointly owned property or beneficiary-designated assets should be treated.

Statutory reference: Iowa’s intestate succession and estate administration rules are located in the Code of Iowa, Chapter 633: https://www.legis.iowa.gov/docs/code/633.pdf. For adoption and parentage issues that affect inheritance rights, see related chapters on adoption and paternity available through the Iowa Legislature website.

Helpful hints

• Gather proof of family relationships early: birth certificates, adoption decrees, marriage certificates, and paternity orders.
• Check beneficiary designations (life insurance, retirement accounts) — these commonly bypass intestacy.
• If a child predeceased the decedent but left descendants, expect the predeceased child’s branch to inherit by representation (per stirpes).
• Keep clear records of communications, account statements, and inventories during administration.
• Contact a probate attorney if there are complex assets, out-of-state property, or family disputes — an attorney can reduce risk of mistakes that delay distribution.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation under Iowa law, consult a licensed Iowa attorney.